Deshon Atkins v. W. Montgomery

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 31 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DESHON AARON ATKINS, No. 20-56007

Petitioner-Appellant, D.C. No. 2:18-cv-06877-DOC-MAA v.

W. L. MONTGOMERY, Acting Warden, MEMORANDUM*

Respondent-Appellee.

Appeal from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding

Submitted July 15, 2024** Pasadena, California

Before: PAEZ and SANCHEZ, Circuit Judges, and LYNN,*** Senior District Judge.

Deshon Aaron Atkins appeals the district court’s denial of his petition for a

writ of habeas corpus under 28 U.S.C. § 2254. The certified issue on appeal is

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Barbara M. G. Lynn, Senior United States District Judge for the Northern District of Texas, sitting by designation.…